Jan. 7
08:03 am JST

Jan. 7
08:06 am JST

Let's remember that this hearing is just going to be about whether Carlos' constitutional rights under Article 34 were violated. The court is only going to be interested in hearing from prosecutors about whether a prima facie case against Carlos does indeed exist and whether Carlos was told about it when he was detained. Very little of what Carlos can say on Tuesday will be particularly relevant. Even if he gets up and explains away everything in the prosecution's case with the most convincing defence imaginable, the judge is simply going to cut him off and tell him to save it for the actual trial.

Remember, police and prosecutors have no obligation to be 100% correct about Carlos. They just need reasonable grounds to suspect that a crime may have been committed.

Jan. 7
08:48 am JST

The japanese need a boost on the prosecutors end, so they agreed on this 10 minutes, bring him handcuffed and in prison clothes. Let the media take buku pics and publish so as to get the Japanese all riled up so the public is behind tossing him in jail for not being Japanese.

Jan. 7
09:03 am JST

Exactly. Show how easy it is to manipulate the public and the media in Japan and show why no one should ever invest in it ever again. More media is just making it worse for Japan, but they can't get that. They have to follow through even though they are under scrutiny.

Regardless of Ghosn's guilt, which compared to the outright fraud of Japan Inc. is laughably minor, any business with foreigners in it is surely taking notice.

China you get political interference. Japan you get corporate interference. Maybe put a business in a country with the rule of law instead?

Jan. 7
09:07 am JST

Saikawa and the Tokyo Prosecutors tried a surprise attack on Ghosn with the desperate hope of knocking him out quickly. But they have not thought through the consequences. In addition to Ghosn's defense team, Renault, the French and Brazilian governments and the US governments are all waiting in the wings and will counterattack.

Jan. 7
09:21 am JST

Jan. 7
09:25 am JST

No matter what he says the J media has made up their mind. The narattive is already written. Just look at the photos they use when they report their simpleton versions of the case. Ghosn looks like a monster.

The international press will be listen though. 10 minutes, does that include the translation?

Jan. 7
09:26 am JST

I do not think he can say much in 10 minutes. It will be interesting to see what he says and how he chooses to use that time. It will also be interesting to see if the judge puts any "boundaries" on what he can say.

Jan. 7
09:47 am JST

Prison clothes, "Handcuffs"?

3 bowls of rice a day, 10 minutes of expression through an interpreter and I'm sure there will be "guidelines" on what he can say. Having had 30 minutes a day consulting his legal council, cold, isolated. The man is a legend just for refusing the offer to confess and be set free...as if that ruse would work. Prosecutors have dug themselves a hole, sadly they will continue to dig, further distancing from justice and any sence of accepted norms of professional conduct.

Jan. 7
09:52 am JST

@M3M3M3

Very little of what Carlos can say on Tuesday will be particularly relevant

I don't know about that. My guess is he is going to address the report that prosecutors have promised to release him if he signs the confession document, and hence his prolonged detention is a form of extortion rather than being based on him being a flight risk and that it has long since ceased serving any investigative purpose.

Jan. 7
10:37 am JST

@JeffLee

My guess is he is going to address the report that prosecutors have promised to release him if he signs the confession document, and hence his prolonged detention is a form of extortion rather than being based on him being a flight risk and that it has long since ceased serving any investigative purpose.

Sure, but I don't think he's going to succeed on that point as long as prosecutors can show that they're continuing to work on the case and that new evidence is being uncovered daily. This is not going to be difficult considering how many tens of thousands of documents were taken from Nissan and probably still need to be reviewed or translated. There's also nothing illegal in being honest with a suspect about the fact that this is a complex and time consuming investigation and that confessing to parts of the crime will alleviate the need for careful evidence gathering and thus prolonged detention.

I think this Article 34 hearing is just a strategic move by Ghosn's lawyers to get prosecutors to put some of their cards on the table. It'll give them a better idea of what prosecutors might have uncovered so far.

Jan. 7
10:50 am JST

he would be freed from detention if he admitted guilt to the prosecutor.

This is a very disturbing statement. What sort of legal system supports this kind of threat? It's absolutely absurd that a so-called 'modern country' has this kind of clandestine legal system. You are guilty until proven innocent in Japan. Absolutely disgraceful!

Jan. 7
10:56 am JST

why is everybody in support of this suspected high level criminal? it is not just a case of petty shoplifting from the combini. his greed has affected many people.normal people who dabble in the stock market, car salespeople, parts suppliers, advertisers and staff.
i guess posters support this cheater not because he is a foreigner but rather they disagree with the Japanese justice system. i also agree it is draconian, but you can't just be set free because you a rich foreigner.

Jan. 7
11:08 am JST

Lastly Nissan set this up to begin with, as they're trying to decrease their stock value to buy back their majority shares from Renault, what perfect way is to defame and destroy the saviour of the company..

Jan. 7
11:21 am JST

@Goodlucktoyou

why is everybody in support of this suspected high level criminal

If you're referring to me, for example, I don't support him. He's another greedy globalist Davos diva. But holding someone in solitary confinement with limited food for a prolonged period until they refuse to sign a document is what the Gestapo used to do.

The inherent unfairness of the Japanese so-called "justice" system is appalling. Suspect gets 10 minutes to explain himself. An army of prosecutors get 2 months or more. The timing, given Nissan's game of thrones dynamics, is also a tad suspicious.

Jan. 7
12:15 pm JST

@Goodlucktoyou - why is everybody in support of this suspected high level criminal?

The answer to this lays within the question itself. - 'Suspected'

At present he is not guilty of anything, but he has been told, "Confess and you will be released." Is it any wonder Japan keeps such a high conviction rate and has so many false convictions? They just throw you in a hole and starve you of both food and communication until you confess, whether you did it or not. The Japanese lawyers must be really hopeless if that is all they can do to get a conviction.

Jan. 7
12:30 pm JST

but he has been told, "Confess and you will be released." Is it any wonder Japan keeps such a high conviction rate and has so many false convictions? thats just it confess and youll be release, then well take you to court where youll be found guilty on a false confession and sent back to prison again, like one J lawyer stated , always defend your innocences no matter what. and we still get people that state Japan has common sense. LOL

Jan. 7
12:38 pm JST

as they're trying to decrease their stock value to buy back their majority shares from Renault,

well that could turn around and bite them also, first Renault most probably won't sell and second Renault only needs about 6% more Nissan shares in a hostile takeover, then it would be checkmate motherF. LOL

while I dont think Renault should completly takeover Nissan it would be sweet justice againts Nissan and J Inc if it did happen.

Jan. 7
12:47 pm JST

@kenji. do you have some secret information that he is innocent? In the country if arrested you must go to court or confess. If he is innocent he can prove it in court with his team of highly paid lawyers.
@jeff. i agree with you. but this is japan. If it was an ex-PM in SK, they would be in prison. But this is Japan and things are done differently. Don't do anything bad if you are not connected and powerful. Or a foreigner perhaps?

Jan. 7
12:48 pm JST

It affects us Japanese too this corrupt system

Bingo. this is just what many who defend Japan and bash Ghosn don't understand, they themselves may be detained one day, No you dont need to have done anything wrong , just suspected of it, you may plead your innocence but the J prosecutors won't listen and will hold you until you sign a false confession admitting your guilty. Then youll be taken to court and most probably convicted and sent to prison for a crime you didn't commit, has happened numerous times in the past and most likely will happen again. People still want to defend this draconian abuse of human rights

Jan. 7
01:01 pm JST

If he is innocent he can prove it in court with his team of highly paid lawyers.

have you ever been paying attention, he can't defend himself in court because he cant get out until he confesses he's stating he's innocent but they still want him to confess, his high pay lawyers are totally useless if they are not present while hes being interrogated, how can they defend him if the prosecutors dont allow them to be there to support him.

but this is japan.

same BS excuse used for everything, in that case anything the Chinese courts decide against J nationals, sorry Japan "this is China" recent South Korean courts decision for war labourers against J companies sorry Japan, "this is Korea" Japan really can't complain against other country courts if they just brush aside criticism against their own

Jan. 7
01:03 pm JST

Jan. 7
01:04 pm JST

Goodlucktoyou

Seriously? you do not have to be Sherlock Holmes to define logic.. Carlos made one of the richest companies in Japan, saving Mitushibishi, merging the 3 companies to become a mega company, over 20 years he has shown his loyalty and dedication to Japan, just read his books to analyze his character: https://www.amazon.co.jp/%E3%82%AB%E3%83%AB%E3%83%AD%E3%82%B9%E3%83%BB%E3%82%B4%E3%83%BC%E3%83%B3/e/B004LT6MIU/ref=sr_ntt_srch_lnk_1?qid=1546833767&sr=8-1

If he was a money hungry shady person, why would he make the companies successful and wealthy? usually sneaky people would find any corner to steal money.. and again Sherlock Holmes.. would look into the logic of this pathetic case.. CFO and Accountants handle every yen spent, including minute things like pencils in the office... especially for a PUBLIC trading company..

Jan. 7
01:07 pm JST

Nissan and Mitsubishi would of all disappered.. if it wasnt for him.. now look at how powerful they are, he also made the strategy for the electric cars, self driving, GTR cars, this did not exist in the past.. GTR had been killed off before he was CEO, there was no plans for electric anything.

He even secured the contract for Nissans to be New Yorks flafship car.. do you know how large that contract is and the free marketing for Nissan in the process? https://www.nytimes.com/2015/09/01/nyregion/taxi-of-tomorrow-becomes-citys-yellow-cab-standard.html

Jan. 7
01:12 pm JST

Jan. 7
01:12 pm JST

Hence why the media reporting here, are either drones or on something.. they never look into the logic of anything, CFO is never questioned, if this was financial related? why is that I wonder? because there is NOTHING it is purely in black and white a SET UP

Jan. 7
01:21 pm JST

Jan. 7
01:40 pm JST

“He won't give in," Anthony Ghosn said, adding that he would be wearing prison clothes and handcuffs in court.

It would seem that yet again Japans courts do not know their own countries constitution. It is stimulates that a person must be free when in court.”

Or it could mean that the son is mistaken (or misquoted), and that as usual, while being transported to and from court he’ll be in handcuffs or other such restraints that will be removed during the court session.

Jan. 7
01:50 pm JST

Confessions should not be permissable as evidence at all unless the entire interrogation process were recorded and/or the confession is freely repeated in court by the defendant in front of the judge, having been given full opportunity to recant if the defendant wants.

Jan. 7
01:54 pm JST

In the country if arrested you must go to court or confess. If he is innocent he can prove it in court with his team of highly paid lawyers.

In other countries you go to court or confess. But the police do not have the ability to hold you in detention for two months in a relatively minor charge. In civilised countries it is rare that anyone could be held without charge for more that a few days. Even if charged, most will be free until the trial.

And it is not up to his lawyers to prove his innocence - it is the job of the prosecutors to prove his guilt. This distinction is important, but in Japan there is a de facto presumption of guilt - as your post reveals.

Jan. 7
01:56 pm JST

In Japan, confession alone is not evidence.

and yet Japanese have been sent to prison for decades for just that, admission of guilt is as good as evidence in the J courts, Japan's 99% conviction rate is also proof. please dont give me the "J prosecutors are the best in the world at their jobs" BS

Jan. 7
02:03 pm JST

Jan. 7
02:04 pm JST

He was arrested but later released because of no evidence.

well thats simple isnt it, just have to ask the guy to describe the crime scene and how and where he shot the police officer, where is the gun he used to shoot the officer. if he was there he could easily describe what happened in detail , if he wasnt there then it would be very difficult, you could tell if he was lying very quickly and he wasnt a suspect targeted by the prosecutors in the first place.

Jan. 7
02:06 pm JST

Or it could mean that the son is mistaken (or misquoted), and that as usual, while being transported to and from court he’ll be in handcuffs or other such restraints that will be removed during the court session.

You could be right there. Lets hope the cuffs are removed in court. Actually a remand prisioner is allowed to wear his/her own clothes in court.

Jan. 7
02:11 pm JST

Jan. 7
02:53 pm JST

Wow, what SOB's are some executives at Nissan: they closed their eyes for years to bring Ghosn to the point when they can get rid of him!!! Very-very low!

However if to look at the big picture, Japan won and beat the whole world using their advanced technology and quality. Everybody now works for Japan. Japan proved that to win you don't need an army, you just need good brains. If somebody does not see that is probably a naive fool.

Jan. 7
02:58 pm JST

￼Goodlucktoyou: why is everybody in support of this suspected high level criminal?

Because there is always the possibility that the same could happen to YOU, or almost any one of us depending on our position in society. There have been cases where people have ended up the same situation as Ghosn who were later found innocent. I remember at least two cases of molestation in Japan where innocent men were targeted on the subway for financial reasons. The suspects were arrested and coerced into signing a confession while in detention but eventually exonerated because the plaintiffs later confessed to lying. In one case it was because the woman’s conscience got the better of her.

Regardless of what you believe Ghosn might or might not have done you should be supporting his right to habeas corpus (10 mins!) and the supposition that he is innocent until proven guilty.

Jan. 7
03:37 pm JST

*There are some exceptions to the rule, such as when suspects refuse to be recorded, or investigators believe that putting them on record is deterring them from confessing.*

*However, the mandatory recording under the 2016 revision of the Criminal Procedure Law, which specifies how criminal trials should take place, will only affect some 2 to 3 percent of all cases taken to court. Critics say there is still a long way to go before the criminal justice system can achieve the level of transparency they seek.*

Jan. 7
03:59 pm JST

Jan. 7
04:03 pm JST

Jan. 7
04:15 pm JST

Carlos case is a big one ???. Well, what are the Japanese thinking ???.A big case , only 10 minutes to explain ???. Don't everyone thinks that this is a big joke ???.This just showed the world , how frightened Nissan Inc & who ever are involved are just very afraid that , the real truth would come pouring out. This way of treating Carlos is truly unfair and in a case that had made so much unfairness in the eyes of the world, 10 minutes ???. Therefore, We all must sum up that this is a 10 minutes case and actually there is nothing to charge Carlos with. Someone or some people are buying time, to take over the inside of Nissan Japan. It is to the disadvantage of all Nissan share-holders and Japan Inc. Back-stabbers of Carlos are still not detained,the likes of saikawa who is wasting time and eating up share-holders money and spreading untruth, May we know Why ???. Is it because he is borned Japanese ???.

Jan. 7
04:18 pm JST

Carlos, pls do not give up. Fight until the last of yr breath and all good people will be proud of U. We want saikawa and his gang out. We good Japanese are very ashamed of this kind of low low level people. the s.o.b

Jan. 7
04:52 pm JST

Ghosn is a smart guy and if he sees that the best thing the prosecutors have is some nonsense with the Saudis in 2008, then he (and at least his Paul Weiss lawyers) will know that the only thing that Saikawa and the Tokyo Prosecutors are holding in their hands is nothing but thin air.

Jan. 7
06:57 pm JST

I think they are blowing the news headlines out of proprotions, how is managing 3 large companies, no different to say the CEO of Google, which they have multiple companies underneath their umbrella, different industries- IT/Services- Manufacutring, regardless its just in the persons personality in how they govern. He proved it for 20 years and the success and results is evident..

Jan. 7
08:39 pm JST

Jan. 7
09:24 pm JST

This court case have to be in English if Japanese are going global, if it is only in Japanese then it means That Japan Or Japanese is only doing everything in lip service and are not ready to deal with anything or anybody on International level. Stop cheating yrself , Japan, it is time to admit, u are still in edo times. If U are in edo times, U cannot claim to be global or international, too bad for such poor state of mind or low level of thinking. No wonder , the likes of saikawa can live. Sad case of very low level people.

Jan. 7
09:39 pm JST

Jan. 7
10:33 pm JST

Would not be surprised if , the first 10 minutes are not Public, and any recording that escapes, will simply contain a long whistling sound which will be put down to microphone adjustment... you know... the old style tech. used in Court rooms - something similar to a answer machine.

He will not win against the Establishment. This is Japan, the Establishment is built into the Country, this is the Country that could (and probably did) rewrite the Rules on Establishment "Democracy" and when, has ever, anyone fought and won against it ?

Everything is stacked against him. "Poor" chap - I use "Poor" in the figurative sense, as we all know he earned a pretty penny or two, but... how many Japanese Workers owe their livelihood to his Leadership, how many Investors owe their Profits to his drive ? This sadly, will be no more, and once again the boring unimaginative, regimental Company will reform itself. I'm steering clear of Nissan from now on, vote with you Feet and ... Pockets. This Company is going to be boring.

Jan. 8
01:19 am JST

UlsterBoy, “any recording that escapes, will simply contain a long whistling sound which will be put down to microphone adjustment”

Spectators can make notes and sketches in the courtroom but making audio recordings, is I’m fairly certain, forbidden. The only photography allowed is of the judges, prosecutors and defense lawyers sitting silently in their places before the defendant is brought in. This applies to regular court sessions. Not sure what if any differences there might be for the session on Tues, which will not be a trial, but another procedure so rare I’ve never heard of one in the 40 years I’ve been here.

Jan. 8
02:56 am JST

Also, unless they "Re-arrest" him for leaving the toilet seat up in his cell.......

or just rearrest him because he refused to confess to the other two rearrests. Japan guilty until proven innocent , but you can't prove your innocence in court until you make a false confession to guarantee your release. Once released you can go to court but the confession which you cant rescind will trump any evidence you have to backup your innocence. guilty go straight to jail , do not pass go , do not collect $200. oops sorry I though we were playing a board game there for a minute, then I realised, "this is Japan"

Jan. 8
05:56 am JST

Would not be surprised if , the first 10 minutes are not Public, and any recording that escapes, will simply contain a long whistling sound which will be put down to microphone adjustment... you know... the old style tech. used in Court rooms - something similar to a answer machine.

I bet the public area will be packed to capacity.

Interesting, Japan, one of the few developed nations without a jury system, is now in a position where it's judicial system is on trial with the public, domestic and international, is the jury.